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Florida Journal of International Law

Abstract

The purpose of this Article is not to argue in favor of protectionism or to shield domestic manufacturers and workers from foreign competition. Rather, it is to illustrate that the promotion of fundamental labor rights allows for fair competition for American workers and supports the right of international workers to enjoy the most basic threshold of workplace standards. U.S. workers and companies should not be pitted against foreign competitors who take advantage of their nation’s lack of or failure to enforce labor and employment laws—exploiting workers’ lack of bargaining power is not legitimate competition. If workers are not able to engage in freedom of association and collective bargaining, they have little chance of improving their working conditions. Ultimately, the goal of including fundamental labor rights in FTAs is consistent with the larger goal of the United States: to promote the spread of democracy.

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